Service Level Agreement

This Service Level Agreement (“SLA”) is incorporated into the Master Services Agreement (“MSA”) between Automatic Capital Operations Pty Ltd (ACN 666 447 230), trading as AutoRFP.ai (“AutoRFP.ai”), and the customer entity identified on the applicable Order Form (“Customer”). This SLA details AutoRFP.ai’s commitments regarding the availability and support of the Services.

Capitalised terms used but not defined in this SLA will have the meaning given to them in the MSA.

1. Definitions

1.1. “Error” means a reproducible failure of the Services to perform in all material respects in accordance with the Documentation.

1.2. “Scheduled Maintenance” means any time during which the Services are unavailable due to planned maintenance. AutoRFP.ai will provide at least forty-eight (48) hours’ prior notice of any Scheduled Maintenance.

1.3. “Severity 1 Error” means a critical Error where the core functionality of the Services is unavailable to all users, and no reasonable workaround exists.

1.4. “Severity 2 Error” means an Error where a significant feature of the Services is unavailable or severely degraded, seriously impacting Customer’s business operations, but a limited workaround may exist.

1.5. “Severity 3 Error” means an Error where a non-critical feature of the Services is impaired, but the issue has a reasonable workaround and does not pose a serious impact on Customer’s business operations.

1.6. “Severity 4 Issue” means a minor issue, general usage question, cosmetic error, or request for information on the Services’ functionality.

1.7. “Uptime Availability” means the percentage of total minutes in a calendar month during which the Services are available, calculated using the following formula: (Total Minutes in Month − Unscheduled Downtime Minutes) / (Total Minutes in Month) × 100.

1.8. “Unscheduled Downtime” means any time the Services are not available, excluding Scheduled Maintenance and any unavailability due to Exclusions (as defined in Section 2.2).

2. Service Availability

2.1 Uptime commitment

AutoRFP.ai will use commercially reasonable efforts to ensure the Services have an Uptime Availability of at least 99.95% during any calendar month.

2.2 Exclusions

The Uptime Availability commitment does not apply to any unavailability that results from: (a) Scheduled Maintenance; (b) Customer’s or any third party’s hardware or software; (c) Customer’s misuse of the Services or breach of the MSA; (d) failures of internet access or public networks; or (e) a Force Majeure event.

3. Support & Error Correction

3.1 Reporting

Customer may report Errors to AutoRFP.ai’s support team by emailing support@autorfp.ai.

3.2 Response and resolution times

AutoRFP.ai will respond to and work to resolve reported Errors based on the severity level as set forth in the table below. “Response Time” is the time to initial acknowledgement. “Resolution Time” is a target for providing a fix or a reasonable workaround.

4. Service Credits

4.1 Credit calculation

If the Uptime Availability of the Services is less than 99.95% in a given calendar month, Customer will be eligible to receive a service credit (“Service Credit”) calculated as a percentage of the monthly fees paid for the affected month, as follows:

4.2 Credit cap

The total amount of Service Credits issued in a single calendar month will not exceed thirty percent (30%) of the fees paid by Customer for that month.

4.3 Claim procedure

To receive a Service Credit, Customer must submit a claim by sending an email to support@autorfp.ai within thirty (30) days of the end of the month in which the failure occurred. The email must include the words “SLA Credit Request” in the subject line and provide details of the incident.

4.4 Sole and exclusive remedy

This Section 4 states Customer’s sole and exclusive remedy, and AutoRFP.ai’s entire liability, for any failure by AutoRFP.ai to meet the Uptime Availability commitment.